Filed_May_3_Notice.pdf

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

BID PROTEST

FMS INVESTMENT CORP., et al., ) Plaintiffs, )

v. ) ) No. 18-204C (consolidated)

THE UNITED STATES, )

) Judge Thomas C. Wheeler Defendant, ) and ) PERFORMANT RECOVERY, INC., and )

WINDHAM PROFESSIONALS, INC. )

Intervenor-Defendants. )

NOTICE

The Department of Education (ED) has completed its review of the solicitation under protest. See ECF Nos. 149, 154. The solicitation will be cancelled due to a substantial change in the requirements to perform collection and administrative resolution activities on defaulted Federal student loan debts. In the future, ED plans to significantly enhance its engagement at the 90-day delinquency mark in an effort to help borrowers more effectively manage their Federal student loan debt. ED expects these enhanced outreach efforts to reduce the volume of borrowers that default, improve customer service to delinquent borrowers, and lower overall delinquency levels. The current private collection agencies (PCA) under contract with ED have sufficient capacity to absorb the number of accounts expected to need debt collection services while the process for transitioning to the new approach is developed and implemented. Therefore, additional

PCA contract work is not currently needed.

Case 1:18-cv-00204-TCW Document 188 Filed 05/03/18 Page 1 of 2

ED will cancel the solicitation and terminate for convenience the awards to

Performant Recovery, Inc. and Windham Professionals, Inc. on or after May 7, 2018.

Following those actions, we will move to dismiss this consolidated action as moot.

OF COUNSEL:

JOSE OTERO

General Attorney Office of the General Counsel U.S. Department of Education

SARA FALK

General Attorney Office of the General Counsel U.S. Department of Education

May 3, 2018

Respectfully submitted, CHAD A. READLER

Acting Assistant Attorney General

ROBERT E. KIRSCHMAN, JR.

Director s/ Patricia M. McCarthy PATRICIA M. McCARTHY Assistant Director s/ David R. Pehlke

DAVID R. PEHLKE

Trial Attorney Department of Justice – Civil Division P.O. Box 480 Ben Franklin Station Washington, D.C. 20044 Telephone: (202) 307-0252 Fax: (202) 353-0461 david.r.pehlke@usdoj.gov

Attorneys for Defendant

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